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Tort Law

Tort Law Appellate Court Opinion

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=708

AC38704Smith v. Redding (Public nuisance; "In this absolute public nuisance action, the plaintiff, Brandon V. Smith, appeals following a jury trial from the judgment of the trial court rendered in favor of the defendant town of Redding. On appeal, the plaintiff claims that the trial court improperly failed: (1) to admit evidence of involuntary subsequent remedial measures; and (2) to instruct the jury on the Redding Zoning Regulations. We affirm the judgment of the trial court.")


Tort Law Appellate Court Opinion

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=692

AC39339 - McFarline v. Mickens (Negligence; "In this negligence action, the plaintiff, Ellen McFarline, appeals from the summary judgment rendered by the trial court in favor of the defendant, Patrick W. Mickens, Jr., administrator of the estate of Janet Mickens (Mickens). The plaintiff claims that the court, in granting the defendant's motion for summary judgment, erred by (1) failing to consider the pleadings, affidavits and other proof submitted in deciding that there is no genuine issue as to any material fact; (2) considering facts outside the confines of this case; (3) violating her right to due process of law by failing to allow her to review evidence from other cases that the court utilized in deciding the motion for summary judgment; (4) failing to apply the 'test' set forth in Sanzone v. Board of Police Commissioners, 219 Conn. 179, 592 A.2d 912 (1991), when determining if there was a chain of causation that included the defendant's negligence in sequence with a highway defect; and (5) denying her postjudgment motions to amend her revised complaint and to reargue the motion for summary judgment. We affirm the judgment of the court.")


Tort Law Supreme and Appellate Court Opinions

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=676

SC19683 - Sepega v. DeLaura (Negligence; "The common-law firefighter's rule provides, in general terms, that a firefighter or police officer who enters private property in the exercise of his or her duties generally cannot bring a civil action against the property owner for injuries sustained as the result of a defect in the premises. See Levandoski v. Cone, 267 Conn. 651, 653–54, 841 A.2d 208 (2004). The principal issue in this appeal is whether the firefighter's rule should be extended beyond the scope of premises liability so as to bar a police officer from recovering, under a theory of ordinary negligence, from a homeowner who is also an alleged active tortfeasor. The plaintiff, Robert Sepega, a municipal police officer, appeals from the judgment of the trial court in favor of the defendant, Lawrence R. DeLaura, following the granting of a motion to strike. In granting that motion, the trial court concluded that the firefighter's rule barred the plaintiff's sole claim, which sounded in ordinary negligence. We conclude that the firefighter's rule should not be extended beyond claims of premises liability and, accordingly, reverse the judgment of the trial court in favor of the defendant and remand the case to the trial court for further proceedings.")

  • SC19683 - Sepega v. DeLaura Concurrence

SC19834 - Lund v. Milford Hospital, Inc. (Negligence; "The plaintiff, Justin Lund, a Connecticut state trooper, brought this action against the defendant, Milford Hospital, Inc., seeking damages for personal injuries sustained while subduing an emotionally disturbed person, Dale Pariseau, who had been committed to the defendant's custody on an emergency basis for psychiatric evaluation. The plaintiff has alleged that the defendant was negligent in numerous ways, including (1) failing to supervise or restrain Pariseau properly, (2) failing to provide for adequate security in the area where foreseeably dangerous patients are held, (3) allowing Pariseau, who was known to be dangerous, to go to the bathroom unrestrained and unaccompanied, and (4) failing to train its staff properly...."

"On appeal, the plaintiff claims primarily that, under this court's subsequent decision in Levandoski v. Cone, 267 Conn. 651, 841 A.2d 208 (2004), the firefighter's rule does not bar police officers from bringing negligence claims in nonpremises liability cases for injuries suffered during the performance of their duties. The plaintiff also claims that the trial court erred in sustaining the objection to the substitute complaint because the allegations set forth therein were materially different from his original complaint. For the reasons that follow, we reverse the judgement of the trial court and remand the case for further proceedings. ")

  • SC19834 - Lund v. Milford Hospital, Inc. Dissent

AC38287 - Pecher v. Distefano (Negligence; "The plaintiff, Stefana Pecher, appeals from the judgment of the trial court, following a jury trial, rendered in favor of the defendant, Rhea Distefano. On appeal, the plaintiff claims that the trial court committed harmful error, requiring a new trial, by admitting a document, titled "Release and Hold Harmless Agreement," and a photograph of a sign (photo), both of which, at least in part, purported to relieve the defendant from all liability for injuries arising out of horse related activities at Showtime Stables. The issue in this appeal is whether we can review the plaintiff's claims notwithstanding the fact that she has failed to provide us with a complete record. We conclude that the absence of a complete record restricts our ability to review fully and accurately the plaintiff's claims of harmful error. Accordingly, we affirm the judgment of the trial court.")



Tort Law Appellate Court Opinion

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=672

AC38943 - Gostyla v. Chambers (Negligence; "In this negligence action stemming from a motor vehicle collision, the plaintiff, Jeffrey F. Gostyla, appeals from the judgment of the trial court, rendered after a jury trial, in favor of the defendant, Bryan Chambers. The plaintiff claims that he is entitled to a new trial because the court improperly allowed one of the defendant's expert witnesses, a biomechanical engineer, to provide opinion testimony on a matter that went beyond the purview of his expertise in biomechanics, namely, whether the plaintiff's personal injuries were caused by the collision. Although we agree that the challenged testimony was improper, the plaintiff has not provided us with an adequate record to determine whether the error was harmful. Accordingly, we affirm the judgment of the trial court. ")


Tort Law Appellate Court Opinion

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=656

AC38784 - Kenneson v. Eggert (Fraud; "The plaintiff, Kimberly Kenneson, appeals from the trial court's summary judgment rendered in favor of the defendants, Celia Eggert and Nationwide Mutual Fire Insurance Company (Nationwide). On appeal, the plaintiff contends that the court improperly held that (1) the defendants were entitled to summary judgment, and (2) certain communications were not discoverable. We reverse in part the trial court's summary judgment and affirm the court's denial of the plaintiff's motions for an order for compliance with the court's discovery order.")


Tort Law Appellate Court Opinion

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=638

AC37864 - Rockhill v. Danbury Hospital ("The defendant, Danbury Hospital, appeals from the judgment of the trial court rendered in favor of the plaintiff, Anna Rockhill, following a trial to the court. On appeal, the defendant claims that the court erroneously found that (1) a defect on the defendant’s property that allegedly caused the plaintiff to fall was a reasonably foreseeable defect; (2) the defect caused the plaintiff to fall; and (3) all of the plaintiff’s medical expenses were caused by the fall rather than by her preexisting spinal stenosis. The defendant also claims that the court abused its discretion in admitting the testimony of the plaintiff’s expert witness pertaining to the causation element of her negligence claim. We affirm the judgment of the trial court.")


Tort Law Supreme and Appellate Court Opinions

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=612

SC19525 - Munn v. Hotchkiss School (Negligence; "The issues in this case, which comes to us on certification from the United States Court of Appeals for the Second Circuit pursuant to General Statutes § 51-199b (d), are: (1) Does Connecticut public policy support imposing a duty on a school to warn about or protect against the risk of a serious insect-borne disease when it organizes a trip abroad? (2) If so, does a damages award of approximately $41.5 million, $31.5 million of which are noneconomic damages, warrant a remittitur? We answer the first question in the affirmative and the second question in the negative.")

AC39204 - Costa v. Board of Education (Negligence; "The plaintiffs, Ricky E. Costa, who suffered serious injury to his right eye during a pick-up basketball game at a Plainville High School senior class picnic, and his mother, Maria Costa, appeal from the summary judgment rendered on all counts in favor of the defendants, the town of Plainville (town), the town's Board of Education (board), and Steven LePage, Plainville High School's principal. The plaintiffs claim that the court improperly rendered summary judgment on the basis of governmental immunity. The plaintiffs contend that the evidence presented raised a genuine issue of material fact regarding whether discretionary act immunity applied and whether Ricky Costa was an identifiable person for purposes of the identifiable person-imminent harm exception to governmental immunity. We disagree and, accordingly, affirm the judgment of the trial court.")

AC38721 - Washburne v. Madison (Negligence; "The plaintiff, Jennifer Washburne, who brought the underlying action on behalf of her minor son, the plaintiff Benjamin Washburne (Benjamin), and herself individually, appeals from the summary judgment rendered by the trial court in favor of the defendants—the town of Madison (town); the town's Board of Education (board); Kelly Spooner, the principal of Ryerson Elementary School (Ryerson Elementary); and Erik Delehanty, a substitute physical education teacher—on the ground that the action was barred by governmental immunity. According to the complaint, Benjamin's leg was broken when he was kicked in the shin or ankle by another student while playing soccer at school. The incident occurred during a physical education class at Ryerson Elementary that Delehanty was supervising. The defendants did not provide Benjamin or the other children with shin guards, and Benjamin was not wearing shin guards at the time he was injured, which the plaintiff alleged violated existing school policies and resulted in Benjamin's injuries.

"The plaintiff claims on appeal that the court improperly rendered summary judgment as a matter of law despite the existence of genuine issues of material fact regarding (1) whether safety guidelines in a curriculum guide, which provided that students playing soccer should 'wear shin guards for additional protection,' imposed a ministerial duty on the defendants to require the use of shin guards by students, and (2) whether, even if such a duty was discretionary, Benjamin had been subject to imminent harm and, thus, an exception to governmental immunity was applicable. We disagree and, accordingly, affirm the judgment of the trial court.")


Tort Law Supreme Court Opinion

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=599

SC19871 - St. Pierre v. Plainfield (Negligence; "The issue raised in this appeal is whether municipal immunity is abrogated by either the proprietary function exception of General Statutes § 52-557n or the identifiable person, imminent harm exception. Specifically, we must decide whether there is municipal immunity when a town charges a nominal fee to a private group for reserved use of a public pool and an individual group member slips and falls on accumulated water in the vicinity of that pool. The plaintiff, David L. St. Pierre, appeals from the judgment rendered in favor of the named defendant, the town of Plainfield, after concluding that no exception to the defendant's general immunity applied. The plaintiff claims that the trial court improperly concluded that the defendant was immune from liability because (1) the defendant derived a special corporate profit or pecuniary benefit through its operation of the pool, or (2) the plaintiff constituted an identifiable person subject to imminent harm. We disagree with each of these claims and, accordingly, affirm the judgment of the trial court.")


Tort Law Appellate Court Opinions

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=586

AC38878 - Northrup v. Witkowski (Negligence; "The underlying action arose as a result of the repeated flooding of residential property due to inadequate street drainage of which the municipality and its officials allegedly were aware but failed to correct. The plaintiffs, George Northrup and Helen Northrup, the owners of the property at issue, appeal from the summary judgment rendered by the trial court in favor of the defendants—the borough of Naugatuck (town); Henry J. Witkowski, Jr., the town's former superintendent of streets; James Stewart, the former town engineer and, later, the town's director of public works; and Robert A. Mezzo, the town's mayor —upon its determination that all counts of the plaintiffs' complaint were barred by governmental immunity.

"The plaintiffs claim on appeal that the court improperly determined that (1) the defendants were entitled to governmental immunity on all counts as a matter of law because the acts or omissions of which they complained were discretionary rather than ministerial in nature, (2) the identifiable person-imminent harm exception to governmental immunity did not apply to the flooding at issue because the plaintiffs were not subject to imminent harm, and (3) the allegations of recklessness directed against the individual defendants could not be sustained as a matter of law. We disagree with the plaintiffs and, for the reasons that follow, affirm the judgment of the trial court.")

AC38716 - Questell v. Farogh (Negligence; "The defendant, Sheeba Farogh, appeals from the judgment of the trial court denying her motion to open the default judgment, which was rendered after she failed to appear at a scheduled trial management conference. On appeal, the defendant claims that she was prevented from appearing at the conference by mistake and that a valid defense existed at the time the judgment was rendered. We affirm the judgment of the trial court.")


Tort Law Supreme Court Opinion

   by Zigadto, Janet

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=575

SC19838 - Machado v. Taylor (Motor vehicle negligence action; "The sole issue in this appeal is whether a party's delay in raising a challenge to the trial court's subject matter jurisdiction is a proper ground on which to decline to dismiss the action. The defendant state Department of Transportation appeals from the trial court's judgment in favor of the plaintiff . . . in his negligence action, following the trial court's denial of the defendant's motion for judgment of dismissal premised on the plaintiff's failure to allege and prove an element of the statutory waiver of sovereign immunity cited as authority to bring the action. We agree with the defendant that the timing of its motion was an improper ground on which to deny the motion for judgment of dismissal insofar as it challenged subject matter jurisdiction. Accordingly, we reverse the judgment of the trial court and remand the case for reconsideration of that motion.")


Tort Law Appellate Court Opinions

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=567

AC38824 - Village Mortgage Co. v. Veneziano (Injunction; "The defendant, James Veneziano, appeals from the judgment of the trial court rendered in favor of the plaintiff, Village Mortgage Company (company), after a trial to the court, awarding the plaintiff $2,080,185.09 in damages for the defendant's misappropriation of corporate funds through conversion, statutory theft, and embezzlement. On appeal, the defendant claims that (1) the court's factual findings regarding statutory theft were clearly erroneous, (2) the court's discovery rulings on October 27, 2014, December 9, 2014, and January 16, 2015, "constitute reversible error," and (3) the court improperly failed to conclude that the plaintiff intentionally spoliated evidence or engaged in discovery misconduct. The plaintiff cross appeals from the judgment, claiming that the court improperly ruled in favor of the defendant on his statute of limitations special defense and barred its recovery for damages that occurred prior to October 16, 2009. Specifically, the plaintiff argues that the court improperly failed to conclude that the defendant's fraudulent concealment of his misconduct tolled the applicable statute of limitations. We affirm the judgment of the trial court.")

AC38472 - Hosein v. Edman (Negligence; personal injury; "The plaintiff's sole claim on appeal is that the trial court erred in completely discrediting the testimony of her expert witness, an accident reconstructionist, and thereby "effectively precluding" that witness' testimony, without affording her an evidentiary hearing pursuant to State v. Porter, 241 Conn. 57, 698 A.2d 739 (1997), cert. denied, 523 U.S. 1058, 118 S. Ct. 1384, 140 L. Ed. 2d 645 (1998). We conclude that the trial court did not preclude the testimony of the plaintiff's expert, but, rather, admitted that testimony in its entirety, before ultimately deciding not to afford it any weight. Accordingly, we affirm the judgment of the trial court.")

AC38543 - Marciano v. Olde Oak Village Condominium Assn., Inc. (Negligence; premises liability; "The plaintiff, Mary Marciano, appeals from the grant of summary judgment by the trial court in favor of the defendant, Olde Oak Village Condominium Association, Inc. The plaintiff had sought damages from the defendant for its alleged negligence after she suffered personal injuries from a fall on April 14, 2012, while exiting her condominium unit from a rear entrance. The plaintiff alleged in her complaint that the defendant had possession and control over the premises where her fall took place. On appeal, the plaintiff claims that the court erroneously concluded that there was no genuine issue of material fact that the defendant did not have possession and control over the area on which she fell. We affirm the judgment of the trial court.")


Tort Law Appellate Court Opinions

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=554

AC38503 - Freeman v. A Better Way Wholesale Autos, Inc. (CUPTA; "The defendant, A Better Way Wholesale Autos, Inc., appeals from the judgment of the trial court rendered in favor of the plaintiff, Sharay Freeman, on her complaint. On appeal, the defendant claims that the court erred, as a matter of law, in concluding that (1) the defendant violated the Connecticut Unfair Trade Practices Act, General Statutes § 42-110a et seq. (CUTPA), (2) an award of punitive damages was appropriate, (3) the defendant committed fraudulent misrepresentation by nondisclosure of material facts, and (4) an award of attorney's fees to the plaintiff was appropriate. We dismiss for lack of a final judgment that portion of the appeal contesting the award of attorney's fees and otherwise affirm the judgment of the trial court.")

AC38682 - Reyes v. Medina Loveras, LLC (Negligence; "The plaintiff, Stephanie Reyes, appeals from the judgment, rendered after a jury trial, in favor of the defendant, Medina Loveras, LLC. The plaintiff claimed that she sustained serious physical injuries when a bathroom sink on the defendant's premises collapsed beneath her. The plaintiff claims on appeal that the trial court improperly admitted into evidence (1) a photograph of the plaintiff's uninjured buttock, and (2) certain portions of her hospital records. We affirm the judgment of the trial court.")

AC39111 - Ring v. Litchfield Bancorp (CUPTA; "The plaintiff, Mary Ann Ring, appeals from the judgment of the trial court rendered in favor of the defendant, Litchfield Bancorp, following the granting of the defendant's motion to strike her amended complaint. On appeal, the plaintiff claims that the court improperly granted the motion to strike because she sufficiently alleged a cause of action against the defendant for violating the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110 et. seq. We conclude that the plaintiff waived her right to appeal from the granting of the motion to strike the amended complaint. Accordingly, we affirm the judgment of the trial court.")


Judicial Branch Now Publishing Headnotes for its Supreme & Appellate Court Opinions

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=534

The Judicial Branch has announced that it is now publishing a syllabus (headnote) at the top of each Supreme and Appellate Court opinion:

The Judicial Branch is now posting online headnotes for both Supreme and Appellate Court opinions. These headnotes, which accompany individual Supreme and Appellate Court decisions, include a short summary of the ruling and the procedural history of a case. The Reporter of Judicial Decisions prepares the headnotes, which are not part of the opinion. As such, the opinion alone should be relied upon for the reasoning behind the decision [Emphasis added].

Subscribe to a case law category (or categories) of your choice through our Email Digest or RSS delivery services to receive the latest cases from the Supreme or Appellate Courts delivered directly to your inbox.


Tort Law Appellate Court Opinions

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=532

AC38462 - Crouse v. Cox (Fraud; "The judgment of dismissal is vacated. The case is remanded for further proceedings, without prejudice to the filing of a motion for summary judgment.")

AC38659 - Kurisoo v. Ziegler ("The plaintiff, Eric Kurisoo, appeals from the summary judgment rendered by the trial court in favor of the defendant Mystic Seaport Museum d/b/a Mystic Seaport. On September 20, 2013, the plaintiff was injured when the motorcycle he was operating collided with a motor vehicle operated by Harry Ziegler, who, at the time of the collision, was participating in an antique car tour sponsored by the defendant. The plaintiff initially brought this action, claiming that its direct negligence had proximately caused his injuries. Subsequently, he amended his complaint to allege, as well, that the defendant was vicariously liable for the negligence of Ziegler, who had proximately caused such injuries. The court rendered summary judgment in favor of the defendant on both of the plaintiff's claims, finding, as a matter of public policy, that it owed no duty to the plaintiff at the time of its direct or vicarious negligence. On appeal, the plaintiff claims that the court improperly rendered summary judgment in favor of the defendant on both of his claims because it based its rulings on a ground not raised in the defendant's summary judgment motions. We agree with the plaintiff, and thus reverse the judgment of the trial court.")

AC38572 - Pronovost v. Tierney ("The plaintiff, Jamie Pronovost, appeals from the judgment of the trial court dismissing his single count, amended complaint, in which he alleged negligence against the defendant, Marisa Tierney, arising from a motor vehicle collision in Maryland. The court dismissed the plaintiff's complaint against the defendant, a nonresident of Connecticut at the time that the action was commenced, after determining that the relevant long arm statute, General Statutes § 52-59b (a) (3) (B), did not provide jurisdiction over the defendant based on the facts alleged in the complaint and in an affidavit filed by the defendant in her reply to the plaintiff's memorandum in opposition to the motion to dismiss. On appeal, the plaintiff claims that the court erred in its application of § 52-59b (a) (3) (B) to the facts as pleaded in this case. We affirm the judgment of the court.")


Tort Law Appellate Court Opinions

   by Booth, George

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=495

AC38945 - Shook v. Bartholomew (Negligence; reviewability of claim that trial court improperly refused to instruct jury that it could apportion liability on basis of comparative fault as requested in proposed charge; "In these consolidated actions, the defendants, Ashley Bartholomew and her employer, Eastern Connecticut Health Network, Inc., appeal from the judgments of the trial court, rendered in favor of the plaintiff in both actions, Herbert Shook, following a jury trial. On appeal, the defendants claim that the court improperly (1) refused to instruct the jury on apportionment of liability on the basis of comparative negligence despite the submission of a request to charge on that doctrine, (2) permitted the plaintiff to introduce evidence regarding his driving history, and (3) denied their motion to set aside the verdict. We affirm the judgments of the trial court.")

AC38945 - Shook v. Eastern Connecticut Health Network, Inc. (See Shook v. Bartholomew)


Tort Law Appellate Court Opinion

   by Roy, Christopher

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=484

AC38262 - Townsend v. Hardy ("The plaintiff, Timothy Townsend, Jr., brought this action against two prison officials, the defendants, Anita Hardy and John Riccio, pursuant to 42 U.S.C. § 1983,1 claiming that they had violated his constitutional rights while he was confined at the Cheshire Correctional Institution. The plaintiff claims that the trial court erred in rendering summary judgment in favor of the defendants on the ground that none of their alleged misconduct rose to the level of a constitutional violation. We affirm the judgment of the trial court.")


Tort Law Appellate Court Opinions

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=475

AC38208, AC38093, AC38094, AC38095, AC38097 - Girolametti v. Michael Horton Associates, Inc and AC38098, AC38099 - Girolametti v. VP Buildings, Inc. (Negligence; "These seven appeals arise from disputes regarding the construction of an expansion to a Party Depot Store (store) located in Danbury. The owners of the store, the plaintiffs John Girolametti, Jr., and Cindy Girolametti, brought actions against the general contractor, Rizzo Corporation (Rizzo), and seven subcontractors and sub-subcontractors who worked on the construction project, on various claims relating to the quality of the work provided. All eight defendants filed motions for summary judgment. The owners of the store appeal from the court's judgment granting Rizzo's motion for summary judgment. The subcontractors and sub-subcontractors appeal from the court's judgment denying all of their motions for summary judgment. Although each appeal involves some unique facts and implicates the interests of parties specific to that appeal, the factual backdrop to these appeals is sufficiently common to enable us, on review, to set forth the facts that underlie them in one background statement. Additional facts will be noted, as appropriate, in our discussion of each appeal. ")

AC38263 - Kruger v. Grauer (Defamation; "The defendant, Avery Grauer, appeals from the judgment of the trial court denying her motion for summary judgment. The issue in this appeal is whether the court properly concluded that the defendant was not entitled to absolute immunity on the basis of the litigation privilege for reports of child sexual abuse that she made to the Department of Children and Families (department). We conclude that, even if we were to assume, without deciding, that individuals who make such reports were entitled to absolute immunity at common law, the legislature has abrogated that common-law immunity by affording only qualified immunity to those who report abuse or neglect pursuant to General Statutes § 17a-101e (b). Accordingly, we affirm the judgment of the trial court.")


Tort Law Appellate Court Opinion

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=462

AC37869 - Chicago Title Ins. Co. v. Accurate Title Searches, Inc. (Negligence; "This is an action by the plaintiff, Chicago Title Insurance Company (Chicago Title), to recover damages from the defendant, Accurate Title Searches, Inc., for losses allegedly incurred by Ticor Title Insurance Company (Ticor Title), another title insurer with which the plaintiff later merged, due to the defendant's negligence in performing a title search as to a parcel of real property in Hartford (property). This is an action by the plaintiff, Chicago Title Insurance Company (Chicago Title), to recover damages from the defendant, Accurate Title Searches, Inc., for losses allegedly incurred by Ticor Title Insurance Company (Ticor Title), another title insurer with which the plaintiff later merged, due to the defendant's negligence in performing a title search as to a parcel of real property in Hartford (property)...."

"On the record before us, we agree with the trial court, Bright, J., that the plaintiff’s claim sounds in negligence, not in common-law identification, and thus that the defendant’s arguments as to what proof is required to prevail on a claim for indemnification are inapplicable to this case. On the other hand, we disagree with the trial court, Wiese, J., that the plaintiff’s claim for damages to compensate it for the attorney’s fees and expenses it incurred to defend its insured in prior litigation is barred in this action by the American rule. Accordingly, although we reverse the court’s judgment denying the plaintiff's claim for compensatory damages in the amount of its prior attorney's fees and expenses and remand this case for further proceedings on that claim, we affirm the court’s judgment in all other respects.")


Tort Law Appellate Court Opinions

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=450

AC37681 - Doe v. Rackliffe ("The plaintiffs, James Doe and John Doe, appeal from the order of the trial court denying their motion for continued use of pseudonyms in their underlying civil action against the defendant, Robert Rackliffe, a pediatrician. On appeal, the plaintiffs claim that the court erred in denying their motion for continued use of pseudonyms (1) by requiring the plaintiffs to present live testimony at an evidentiary hearing as a prerequisite to permitting them to use pseudonyms and (2) because the existing record showed that the plaintiffs had substantial privacy interests in maintaining their anonymity that outweighed the public's interest in knowing the names of the parties. We disagree and, accordingly, affirm the order of the trial court.")

AC37857 - Theodore v. Lifeline Systems Co. ("The plaintiff, Diana Theodore, the administratrix of the estate of Catherine Nuckols, commenced the present action sounding in negligence, breach of contract, and products liability against the defendants, Lifeline Systems Company (Lifeline) and VNA Healthcare, Inc. (VNA). The plaintiff appeals from the judgment of the trial court rendered in favor of the defendants after it granted motions for a directed verdict brought by the defendants. Also, the plaintiff appeals from the court's denial of her motion to set aside the verdict. The plaintiff claims that (1) in ruling on the motions for a directed verdict, the court erroneously concluded that she failed to present evidence sufficient to satisfy the essential element of causation, and (2) the court erroneously precluded certain evidence. We affirm the judgment of the trial court.")


Tort Law Appellate Court Opinions

   by Mazur, Catherine

 http://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=442

AC38268 - Johnson v. Raffy’s Café I, LLC ("In this wrongful death action, the self-represented defendant, Erick Bennett, appeals from the judgment of the trial court rendered in favor of the plaintiff, Lubecca Johnson, administratrix of the estate of Willie Brown, Jr. On appeal, the defendant claims that the court improperly (1) denied his motion to dismiss for lack of subject matter jurisdiction, (2) denied his motion to set aside a default for failure to plead, and (3) denied his motion for a new trial. We affirm the judgment of the trial court.")

AC37893 - Lamar v. Brevetti ("The plaintiff, Solomon Lamar, appeals from the summary judgment rendered in favor of the defendants, Francis Brevetti, Michael Guglioti, Vernon Riddick, Jr., Fernando Spagnolo, David Janetty (individual defendants) and the city of Waterbury (city). On appeal, the plaintiff contends that the court improperly rendered summary judgment with respect to (1) his negligence and recklessness claims against the individual defendants, (2) his negligent and intentional infliction of emotional distress claims against Brevetti and (3) his claims against the city pursuant to General Statutes §§ 7-465 and 7-101a. We affirm the judgment of the trial court.")


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